...BEST CONSULTING, LLC PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is entered into effective as of the (the “Effective Date”), by and between Best Consulting, LLC (“Supplier”) and (“Client”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and Supplier hereby agree as follows: Nature and Scope. Client hereby agrees to retain Supplier to perform consulting services related to the selection of a Public Relations firm and the development of a Crisis Management Plan. Client recently had several customers report the contraction of salmonella as a result of food that was eaten at one of the Client’s establishments. Goals, Expectations, and Responsibilities. Supplier will evaluate and provide recommendations to several suitable Public Relations Firms. These evaluations will consist of interviewing and analyzing several firms and presenting the Client with the most appropriate options to select from. It will be up to the Client to make final decisions regarding the Public Relations Firm that is chosen and what level of engagement commences as a result of the Supplier’s findings. Client will also make final decisions regarding the design, development, and implementation of the crisis management plan. Client agrees to participate as requested in consulting activities. This includes calling meetings, providing meeting sites and amenities, and providing information...
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...The Enforcement of Rights under Collective Agreement Introduction Historically, the relations between employers and employees were accompanied by numerous conflicts which were determined by natural factors. In fact, the conflicts between the management and employees were and still are inevitable since, even thought they work in the same organizations, they still have different purposes. It is obvious that the major goal of employees is to get the maximum payment for their labor and to have guarantees of social protection in case of some accidents, illnesses, retirement, etc. while managers and the owners of companies attempt to get the maximum profit from their organizations exploiting employees possibly reducing the cost of the labor force and increasing the effectiveness and productivity of labor. As a result, the functioning of both parties within the same organizations is based on different approaches to the job each of the parties does. No wonder such a difference leads to the numerous conflicts when one of the parties or both want to protect their own interests since this inevitably affects the interests of the opposing party. In such a situation, the necessity to develop some common rules of the game is obvious. This is why in the course of the development of relationships between employers and employees the legal basis of their relations was created. In this respect, it is necessary to underline that employees, being initially in a deprived position, attempt to protect...
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...entered into a written employment contract to hire Dennis Winkel. The contract provided for an annual salary, insurance benefits, and other employment benefits. Another doctor, Dr. Quan, also practiced with Dr. Vranich. About nine months later, when Dr. Quan left the practice, Vranich and Winkel entered into an oral modification of their written contract whereby Winkel was to receive a higher salary and a profit-sharing bonus. During the next year, Winkel received the increased salary. However, a disagreement arose, and Winkel sued to recover the profit-sharing bonus. Under Montana law, a written contract can be altered only in writing or by an executed oral agreement. Dr. Vranich argued that the contract could not be enforced because it was not in writing. Does Winkel receive the profit-sharing bonus? Did Dr. Vranich act ethically in raising the defense that the contract was not in writing? Winkel v. Family Health Care, P.C., 205 Mont. 40, 668 P.2d 208, Web 1983 Mont. Lexis 785 (Supreme Court of Montana) (Cheeseman 2010, p. 158) Cheeseman, H. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. Upper Saddle River: Pearson Prentice Hall. Issue Under Montana law, a written contract can be modified only in writing or if an oral agreement had been executed. Was the oral agreement between Vranich and Winkel executed? Is the contract unenforceable? Did Vranich...
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...the expiration date, a Big Time manager forwarded a drafted agreement via e-mail, which covered the terms of the agreement. Chou received and responded to the draft in agreement with the terms; however, Big Time did not respond and months later Big Time was no longer interested( Melvin, 2011). The proposed contract existed immediately following the agreement to exclusive rights. The contract from that point was valid for 90 days following the agreement, which obstructed Chou’s ability to negotiate with other distribution outlets. The elements, which validate a contracts formation consist of an offer, BTT offered $25,000 to Chou for exclusive negotiation rights, acceptance Chou accepted the offer and monetary compensation, and finally the consideration for BTT exclusive negotiation rights to the game and Chou $25,000 (Melvin, 2011). The Big Time Toymaker manager drafted an agreement before Chou took initiative; therefore, based on the manager’s initiative resulting in labeling the e-mail with Strat Deal, insertion of key terms, a distribution agreement with prices, times, and various obligations proved mutual assent ( Melvin, 2011). Even without the formal word contract, the e-mail set the tone for an agreement. No matter what e-mail is a valid source of communication; therefore, the impact of the choice of communication remains relevant because the transfer of communications constituted an extension of the...
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...P18-6 (Long-Term Contract with Interim Loss) On March 1, 2010, Pechstein Construction Company contracted to construct a factory building for Fabrik Manufacturing Inc. for a total contract price of $8,400,000. The building was completed by October 31, 2012. The annual contract costs incurred, estimated costs to complete the contract, and accumulated billings to Fabrik for 2010, 2011, and 2012 are given below. 2010 2011 2012 Contract costs incurred during the year $2,880,000 $2,230,000 $2,190,000 Estimated costs to complete the contract at 12/31 3,520,000 2,190,000 –0– Billings to Fabrik during the year 3,200,000 3,500,000 1,700,000 Instructions (a) Using the percentage-of-completion method, prepare schedules to compute the profit or loss to be recognized as a result of this contract for the years ended December 31, 2010, 2011, and 2012. (Ignore income taxes.) (b) Using the completed-contract method, prepare schedules to compute the profit or loss to be recognized as a result of this contract for the years ended December 31, 2010, 2011, and 2012. (Ignore incomes taxes.) (a) Computation of Recognizable Profit/Loss Percentage-of-Completion Method 2010 Costs to date (12/31/10) $2,880,000 Estimated costs to complete 3,520,000 Estimated total costs $6,400,000 Percent complete ($2,880,000 ÷ $6,400,000) 45% Revenue recognized ($8,400,000 X 45%) $3,780,000 Costs incurred 2,880,000 Profit recognized in 2010 $ 900,000 2011 Costs...
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...Several months ago the Federal Aviation Administration (FAA) placed a solicitation for a one year construction contract to build a ten story office building for the FAA in the downtown area of Washington, DC. My company, Bell Construction, Inc. was awarded the $8 million contract in December of 2010. Our contracting officer, John Blair was responsible for administering the contract and ensuring that we met the completion date of December 30, 2011. My company officially started the project on January 2, 2011. The project went well for a couple of months considering we had our occasional bad weather of snow, rain and high winds but we had more than enough time to complete the project. As time went on the contract started to experience a couple of bumps in the road in terms of minor delays which were caused by the government or shall I say our contracting officer John Blair. In May of 2011, John informed us that the project will be delayed because the paperwork on his end was not complete and for safety purposes needed to halt the project. I found this to be totally unprofessional and unacceptable. Four months into the project and the foundation has been laid along with three levels of the building having already been completed and he was now concerned about our safety. John did not provide us with a reasonable timeframe as to when the work will restart or if we will be given an extension for completion. He asked us to standby for a couple of weeks until he gets more information...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has...
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...REFERENCE 3 FINDINGS 3 CONTRACTS OF EMPLOYMENT 3 IMPLIED AND EXPRESS TERMS IN AN EMPLOYMENT CONTRACT 4 DISMISSAL 5 UNFAIR DISMISSAL 6 ELIGIBILITY TO CLAIM UNFAIR DISMISSAL 7 WAS A FAIR PROCEDURE FOLLWED? 8 DISABILITY DISCRIMINATION 8 REMEDIES 9 UNFAIR DISMISSAL CLAIM 9 DISABILITY DISCRIMINATION 9 CONCLUSION 10 RECOMMENDATIONS 10 BIBLIOGRAPHY 11 TERMS OF REFERENCE I work as legal advisor for a national toy chain, Playtime. I am going to produce a report examining common law and statutory issues raised by a former employee who may pursue a case for constructive dismissal. I hope to advise Playtime of any action Miss Parry may take in light of her departure from the company and will give recommendations and remedies which may apply to this scenario. FINDINGS CONTRACTS OF EMPLOYMENT An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract. (DirectGov, Online, Accessed 18/12/2010) Employment contracts do not have to be in writing, they can be word of mouth. However, every employee is entitled to a written statement containing employment terms and conditions within 2 months of starting work. The statement must contain a number of relevant details such as Hours, Rates of pay, holidays etc, and must comply with Section 1 of the Employment Rights Act 1996. The contract itself is made as soon...
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...at what point does an employee become an acting agent of the company, and thus has the authority to make decisions which can affect the business; the example, of course, would be in the case of the Quick Takes fiasco where an employee signed what she believed was a receiving slip but which was in fact a binding legal contract for use of equipment. Acting Agent or Employee with Responsibilities? At the root the problem is whether or not Janet could be considered an acting agent of the company and, as such, can make decisions and/or sign off on binding contractual agreements. As explained in the simulation video by Hal, Janet does have the authority to order and purchase items for the business. Additionally, Janet was also told by Hal to arrange the trial usage of the video editing machine. This statement alone could be construed as giving Janet permission to act on behalf of Quick Takes, regardless of any written document stating this fact. With these facts in mind, it is plausible that contract formation was achieved in the video simulation, albeit with a hint of deception in the way Plaintiff presented the contract. An Alternative method to contract formation The author feels that if Non-Linear Pro had true intentions of starting a business relationship with Quick Takes, the events should have transpired differently. First...
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...Problem Statement Virgin Mobil is venturing into the US market and their launch date is July 2002. The company’s goal is to have one million total subscribers by the end of the first year and three million by year four. In order to achieve their goals, the company has to come up with a competitive pricing strategy to attract and retain customers in an already mature market. Recommended course of action Despite a mature US market, the cellular service industry has a market penetration of only about 15% in the segment comprising of users aged between 15 and 19 years. This segment is characterized by inconsistent cell phone usage, low credit ratings and usage pattern different from the typical businessperson. Hence, Virgin Mobile USA is looking to penetrate this segment and create brand loyalty through attractive pricing and additional feature in mobile entertainment. Based on our analysis, we recommend the following: 1. Aim for the non-contractual prepaid segment with a new pricing structure: Virgin Mobile USA should look to price at 20-30 cents per minute. 2. Increase the off peak hours: The company could extend the off-peak hours by 2 hours, starting at 7pm instead of 9pm. 3. Lowering of Acquisition Cost (AC): Virgin Mobile USA should keep its AC around $130 by passing on a part of the handset cost to the customers. Rationale for Recommendation We can see from Exhibits 1 & 2 that if Virgin Mobile opted for a contractual service plan with rates at par with industry...
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...XXXXXXX BONER TITS REST OF PAPER IS LEGIT Deloitte Trueblood Case 09-2 The case of “Pharmagen Pharmaceutical Development Funding” deals with a private equity investor who gives $500 million to Pharmagen Pharmaceutical for research and development of a new drug “X”. The issue at hand in this case is how the treatments of the R&D funding received and the subsequent royalty payments should be accounted for. The facts of this case are: * Pharmagen and the non-related PEI enter into a funding agreement where PEI will contribute $500 million for the R&D of a new drug being developed by Pharmagen. * The funding is restricted to the development of drug X and Pharmagen is not required to complete the drug. * If at any time the project is scrapped the amount received by Pharmagen is non-refundable. * After completion of drug X the PEI will receive future royalties based on the sales of the new product, and they will also receive royalties on an existing Pharmagen drug for a defined period of time. * Pharmagen will retain all intellectual property rights and there are no other agreements between the two parties. Based on this fact pattern I would argue that treatment related to ASC 730-20 is applicable. With regard to this accounting standard for research and development, the issue now lies with whether the funding is a liability to repay the PEI or an obligation to perform contractual services. In order to prove that a liability does not...
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...important issue in today’s business world. Three trends that make non-competes especially important in the current business environment are a change in the definition of competition, the lack of employee loyalty, and the importance of relationship-based selling. As long as these agreements are done according to state law, they can be enforceable in the court of law. Any company that believes it has a competitive lead should consider using non-competes to protect themselves from employees who can walk out the door with their trade secrets. Many businesses today require employees to sign non-compete clauses when hired to protect the company, but it can have many negative effects for the employee as well. Non-Compete Agreements are contracts between an employer and employee. Employees promise not to take what they learn while working for you and use it against you while working for a competitor. A typical non-compete agreement states the employee agrees not to work for rivals, solicit business from current clients, or otherwise compete with you for some period, such as two years, after leaving your company. Key principles that almost all states go by when it comes to non-compete clauses are reasonableness rule, independent consideration, duration, distance, blue pencil rule, and liability for new employers.(lawyers.com) All of this is done so that way the company is protected from anyone trying to steal important trade secrets to share with their new employer. The company...
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...EMPLOYMENT CONTRACT This Employment Contract (this "Contract") is made effective as of December 27, 2012, by and between {business name}. {DBA} of {business address} and {employee full name} ("{goes by name/first name"), of {employee address}. A. {DBA} is engaged in the business of {business type/purpose}. {Employee name} will primarily perform the job duties at the following location: {business address}. B. {DBA} desires to have the services of {employee name}. C. {employee name} is willing to be employed by {business name}. Therefore, the parties agree as follows: 1. EMPLOYMENT. {business name} shall employ {employee name} as a(n) {employee job title}. {employee name} shall provide to {business name} the services described on the attached Exhibit A, which is made a part of this Contract by this reference. {employee name} accepts and agrees to such employment, and agrees to be subject to the general supervision, advice and direction of {business name} and {business name} Institute's supervisory personnel. {employee name} shall also perform (i) such other duties as are customarily performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to {employee name} from time to time by {business name} Institute. 2. BEST EFFORTS OF EMPLOYEE. {employee name} agrees...
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...and designs to Chinese subsidiaries of European firms, joint-venture (JV) partners, or Chinese manufacturing and service companies. One of the challenges facing European companies coming to China is devising creative solutions to minimize the risk to their intellectual property (IP) associated with such technology transfers. A technology transfer happens in a number of different ways. European companies most commonly transfer their technology by licensing their patents, designs, software, trade secrets, and know-how. Ownership of the technology may be transferred, but this type of transfer is less common. A common misconception is that a technology transfer is limited to transfers of high technology. However, many European companies using contract manufacturing to manufacture low technology, consumer, or industrial products, for example based on product designs, must deal with many of the same risks to their IP as their high technology counterparts. The Chinese government encourages the lawful and legitimate transfer of technology while at the same time supporting innovation by Chinese companies, otherwise known as ‘indigenous innovation’. Over the years, gaining market access in exchange for bringing foreign technology to China has been a successful bargain for many European companies. Unfortunately, some...
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...DUE DILIGENCE MEMORANDUM TO: JJJ Company FROM: Riordan Manufacturing DATE: September5, 2012 RE: JJJ Company to complete the Due Diligence to complete by- Setember5, 2012- For any transaction takes place. As a result to the investigation of the proposed acquisition, Riordan Manufacturing needs more information from the company to make a firm decision on behalf of the company. Please provide us with the information stated below. Please note this memorandum is designed so you can indicate your response on the form, in substantial time frame. Accordingly, please check all appropriate boxes to the right that apply to you as indicated in the request make sure to indicate whether the boxes is applicable or not applicable and relevant documents or explanation is enclosed. To make sure your response item satisfies the responses request in other items, please so states. Unless something else different is stated, please enclose all requested information for your company and all of its subsidiaries. Make sure that all documents are completed and sign on the last page as indicated in the request and return a copy with the memorandum to Riordan Manufacturing, along with the applicable documents. When sending the documents to the company makes sure to retain a copy to help facilitate the preparation of the schedules to the definitive purchase agreement. All information that is provided will be treated...
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